P-32, r. 1 - Regulation respecting Contracts of the Public Protector

Schedule Disposition versions

2016-01-01

SCHEDULE 5

(s. 17)

Bond for the contractor’s obligations with respect to labour, materials and services (construction work)

(1) _______________________________________________________________________________

(Name of the SURETY)

having its principal establishment at

---

(Address of the SURETY)

herein represented by _________________________________________________________________

(Name and title)

duly authorized, hereinafter called the SURETY, having taken cognizance of the tender duly accepted by

---

(Identification of the Public Protector)

hereinafter called the Public Protector, in respect of

---

(Description of the work and location)

and on behalf of

---

(Name of the CONTRACTOR)

having its principal establishment at

---

(Address of the CONTRACTOR)

herein represented by _________________________________________________________________

(Name and title)

duly authorized, hereinafter called the CONTRACTOR, binds itself solidarily with the CONTRACTOR, to the benefit of the Public Protector, to pay directly the creditors hereinafter defined, it being provided that the SURETY in no case may be required to pay more than ______________________________ dollars ($__________).

(2) Creditor means:

(1) any subcontractor of the CONTRACTOR;

(2) any natural or legal person having sold or leased services, materials or equipment intended exclusively for the work to the CONTRACTOR or to the CONTRACTOR’S subcontractors, equipment leasing prices being determined solely on the basis of current construction industry standards;

(3) any supplier of materials specially prepared for that work and contract;

(4) the Commission des normes, de l’équité, de la santé et de la sécurité du travail, with respect to the contributions resulting from the contract; and

(5) the Commission de la construction du Québec, with respect to the contributions resulting from the contract.

(3) The SURETY agrees that the Public Protector and the CONTRACTOR may amend the contract at any time, subject to the right of the SURETY to be informed thereof, on request, pursuant to article 2345 of the Civil Code, and consents to the Public Protector granting any time period necessary to complete the work.

(4) Subject to clause 3 above, no creditor has direct recourse against the SURETY unless the creditor has sent an application for payment to the SURETY and to the CONTRACTOR within 120 days of the date on which the CONTRACTOR completed the work or supplied the last services, materials or equipment.

A creditor who has contracted other than directly with the CONTRACTOR has no direct recourse against the SURETY unless the creditor has notified the CONTRACTOR in writing of the contract within 60 days of the commencement of the leasing or delivery of the services, materials or equipment; the notice must indicate the work concerned, the subject of the contract, the name of the subcontractor and the Public Protector.

A subcontractor has no direct recourse against the SURETY in respect of sums held back by the CONTRACTOR unless the subcontractor has sent an application for payment to the SURETY and to the CONTRACTOR within 120 days of the date on which the sums held back became payable.

(5) Any creditor may institute proceedings against the SURETY on the expiry of 30 days after the notice required by clause 4 has been sent, provided that the proceedings are not instituted before the expiry of 90 days after the date on which the creditor’s work was performed or the date of supply of the last services, materials or equipment.

(6) Any payment made in good faith by virtue of this agreement reduces the amount of this bond by a corresponding amount.

(7) This bond is governed by the law applicable in Québec and, should it be contested, the courts of Québec have sole jurisdiction.

(8) The CONTRACTOR intervenes in this agreement to consent thereto; should the CONTRACTOR fail to do so, this obligation is without effect.

IN WITNESS WHEREOF, the SURETY and the CONTRACTOR, by their duly authorized representatives, have signed this agreement in ______________________________, this __________ day of ______________________________ 20__________

The SURETY

_______________________________________ _________________________________

(witness) (Signature)

_________________________________

(Name of signatory in block letters)

_________________________________

(Title of signatory in block letters)

THE CONTRACTOR

_______________________________________ _________________________________

(witness) (Signature)

_________________________________

(Name of signatory in block letters)

_________________________________

(Title of signatory in block letters)

Decision 1462-2, Sch. 5.

2012-09-01

SCHEDULE 5

(s. 17)

Bond for the contractor’s obligations with respect to labour, materials and services (construction work)

(1) _______________________________________________________________________________

(Name of the SURETY)

having its principal establishment at

---

(Address of the SURETY)

herein represented by _________________________________________________________________

(Name and title)

duly authorized, hereinafter called the SURETY, having taken cognizance of the tender duly accepted by

---

(Identification of the Public Protector)

hereinafter called the Public Protector, in respect of

---

(Description of the work and location)

and on behalf of

---

(Name of the CONTRACTOR)

having its principal establishment at

---

(Address of the CONTRACTOR)

herein represented by _________________________________________________________________

(Name and title)

duly authorized, hereinafter called the CONTRACTOR, binds itself solidarily with the CONTRACTOR, to the benefit of the Public Protector, to pay directly the creditors hereinafter defined, it being provided that the SURETY in no case may be required to pay more than ______________________________ dollars ($__________).

(2) Creditor means:

(1) any subcontractor of the CONTRACTOR;

(2) any natural or legal person having sold or leased services, materials or equipment intended exclusively for the work to the CONTRACTOR or to the CONTRACTOR’S subcontractors, equipment leasing prices being determined solely on the basis of current construction industry standards;

(3) any supplier of materials specially prepared for that work and contract;

(4) the Commission de la santé et de la sécurité du travail, with respect to the contributions resulting from the contract; and

(5) the Commission de la construction du Québec, with respect to the contributions resulting from the contract.

(3) The SURETY agrees that the Public Protector and the CONTRACTOR may amend the contract at any time, subject to the right of the SURETY to be informed thereof, on request, pursuant to article 2345 of the Civil Code, and consents to the Public Protector granting any time period necessary to complete the work.

(4) Subject to clause 3 above, no creditor has direct recourse against the SURETY unless the creditor has sent an application for payment to the SURETY and to the CONTRACTOR within 120 days of the date on which the CONTRACTOR completed the work or supplied the last services, materials or equipment.

A creditor who has contracted other than directly with the CONTRACTOR has no direct recourse against the SURETY unless the creditor has notified the CONTRACTOR in writing of the contract within 60 days of the commencement of the leasing or delivery of the services, materials or equipment; the notice must indicate the work concerned, the subject of the contract, the name of the subcontractor and the Public Protector.

A subcontractor has no direct recourse against the SURETY in respect of sums held back by the CONTRACTOR unless the subcontractor has sent an application for payment to the SURETY and to the CONTRACTOR within 120 days of the date on which the sums held back became payable.

(5) Any creditor may institute proceedings against the SURETY on the expiry of 30 days after the notice required by clause 4 has been sent, provided that the proceedings are not instituted before the expiry of 90 days after the date on which the creditor’s work was performed or the date of supply of the last services, materials or equipment.

(6) Any payment made in good faith by virtue of this agreement reduces the amount of this bond by a corresponding amount.

(7) This bond is governed by the law applicable in Québec and, should it be contested, the courts of Québec have sole jurisdiction.

(8) The CONTRACTOR intervenes in this agreement to consent thereto; should the CONTRACTOR fail to do so, this obligation is without effect.

IN WITNESS WHEREOF, the SURETY and the CONTRACTOR, by their duly authorized representatives, have signed this agreement in ______________________________, this __________ day of ______________________________ 20__________

The SURETY

_______________________________________ _________________________________

(witness) (Signature)

_________________________________

(Name of signatory in block letters)

_________________________________

(Title of signatory in block letters)

THE CONTRACTOR

_______________________________________ _________________________________

(witness) (Signature)

_________________________________

(Name of signatory in block letters)

_________________________________

(Title of signatory in block letters)

Decision 1462-2, Sch. 5.